The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Agriculture, Environment, and General
Government
BILL: SB 1170
INTRODUCER: Senators Calatayud and Garcia
SUBJECT: Flooding and Sea Level Rise Vulnerability Studies
DATE: April 11, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Favorable
2. Reagan Betta AEG Pre-meeting
3. FP
I. Summary:
SB 1170 amends the Resilient Florida Program to authorize the Department of Environmental
Protection (DEP) to provide grants to counties or municipalities for feasibility studies and the
cost of permitting for innovative measures that reduce the impact of flooding and sea level rise
and focus on nature-based solutions. The bill authorizes water management districts, in support
of local government adaptation planning, to receive grants under the Resilient Florida Grant
Program for the purpose of supporting the Florida Flood Hub for Applied Research and
Innovation and the DEP for data creation and collection, modeling, and the implementation of
statewide standards.
The bill substantially expands the geographical area where a sea level impact projection (SLIP)
study is required and changes the types of structures that this requirement applies to. Currently, a
SLIP study must be conducted before beginning construction of a new coastal structure within
the coastal building zone. The bill amends this requirement by providing that, beginning
July 1, 2024, a SLIP study must be conducted before beginning construction of a “potentially
at-risk structure or infrastructure” in an area at risk due to sea level rise, regardless of whether it
is within the coastal building zone.
The bill directs the DEP to update its SLIP study rules to provide for the changes required under
this bill. In addition to the requirements for the existing rule, the revised rules must include a
requirement that state-financed constructors assess the risk of flooding, inundation, and wave
action damage to potentially at-risk structures or infrastructure and provide a list of flood
mitigation strategies for consideration as part of the structure or infrastructure’s design.
The DEP will incur indeterminate costs to develop rules regarding when a state-financed
constructor must conduct a SLIP study. These costs can be handled within existing resources.
The effective date of the bill is July 1, 2023.
REVISED: BILL: SB 1170 Page 2
II. Present Situation:
Flooding and Sea Level Rise
Given Florida’s flat topography
1
and extreme rainfall events, flooding has been an issue
throughout the state’s history.
2
The effects of climate change—including sea level rise, increased
storm intensity, and increased frequency and severity of extreme rainfall events—have increased
flooding in inland and coastal areas.
3
Sea level rise is a direct effect of climate change, resulting from a combination of thermal
expansion of warming ocean waters and the addition of water mass into the ocean, largely
associated with the loss of ice from glaciers and ice sheets.
4
The global mean sea level has risen
about eight to nine inches since 1880, and the rate of rise is accelerating: 0.06 inches per year
throughout most of the twentieth century, 0.14 inches per year from 2006–2015, and 0.24 inches
per year from 2018–2019.
5
In 2021, global sea levels set a new record high—3.8 inches above
1993 levels.
6
The latest projections from the National Oceanic and Atmospheric Administration (NOAA)
estimate that an average of two feet sea level rise can be expected over the next 50 years.
7
All
coastal areas of Florida will be affected under this scenario.
8
Miami-Dade and Monroe Counties,
including the Florida Keys, are projected to be most impacted.
9
Even under a more conservative
scenario of one-foot sea level rise, three of Monroe County’s four medical facilities, 65 percent
of Monroe’s schools, and 71 percent of emergency shelters will be below sea level.
10
More than
81 miles of roadway from Miami-Dade through Palm Beach County would also be below sea
level under the one-foot sea level rise scenario.
11
1
The Florida coastline has an average elevation of approximately 15 to 20 feet above mean sea level (MSL) with barrier
islands typically at elevation zero to five feet above MSL. The southern portion of the state (south of Lake Okeechobee) is
typically lower than 15 feet MSL. U.S. Army Corps of Engineers, South Atlantic Coastal Study: Florida Appendix, 3-26
(2022), available at
https://www.sad.usace.army.mil/Portals/60/siteimages/SACS/SACS_FL_Appendix_508_20220812.pdf?ver=XGRM8v-
69_bdLAFPXEmlOg%3d%3d.
2
Florida Office of Economic and Demographic Research (EDR), Annual Assessment of Flooding and Sea Level Rise, 2
(2023), available at http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentFloodingandSeaLevelRise_Chapter6.pdf.
3
National Aeronautics and Space Administration (NASA), The Effects of Climate Change, https://climate.nasa.gov/effects/
(last visited Mar. 6, 2023).
4
National Oceanic and Atmospheric Administration (NOAA)
et al., Global and Regional Sea Level Rise Scenarios for the U.S., (2022) available at
https://oceanservice.noaa.gov/hazards/sealevelrise/sealevelrise-tech-report.html;
5
NOAA, Climate Change: Global Sea Level, https://www.climate.gov/news-features/understanding-climate/climate-change-
global-sea-level (last visited Mar. 6, 2023).
6
Id.
7
EDR, Annual Assessment of Flooding and Sea Level Rise at 20; NOAA, Global and Regional Sea Level Rise Scenarios for
the U.S., (2022) available at https://oceanservice.noaa.gov/hazards/sealevelrise/sealevelrise-tech-report.html;
8
EDR, Annual Assessment of Flooding and Sea Level Rise at 21.
9
Id. at 21.
10
Id. at 38.
11
Id. at 39. BILL: SB 1170 Page 3
Projection of 2 ft. Sea Level Rise
12
Over five million structures are estimated to be affected by flooding under a two-foot sea level
rise scenario. The estimated value of these at-risk properties exceeds $576 billion.
13
Analyses of medical facilities, schools, and fire stations located in the two-foot sea level rise
impact area indicate that the actual number of structures that may be completely or partially
inundated are few.
14
However, in low-lying areas, and especially on barrier islands, the
submergence of the connecting routes to residential areas may greatly impact the continued use
and occupation of these structures. In these cases, some neighborhoods may be disconnected
from the services that this type of infrastructure provides. In addition, infrastructure on the
barrier islands may be cut off from the mainland.
15
Due to its porous geology, economic and property value, and the potential impact of various
flooding hazards, southeast Florida is the area most at risk from sea level rise.
16
The effects of
sea level rise are already apparent in this region and pose a threat to lives, livelihoods,
economies, and the environment.
17
Physical impacts of sea level rise include coastal inundation
and erosion, increased frequency of flooding in vulnerable coastal and inland areas due to
12
Id. at 21.
13
Id. at 24, 25.
14
Id. at 27. For example, accessibility to 53 medical facilities in the coastal areas of Florida may be disrupted; eight school
buildings may be partially or completely inundated; and at least seven fire stations in the coastal areas from Jacksonville to
Apalachicola may be partially or completely inundated. Id. at 31.
15
Id.
16
EDR, Annual Assessment of Flooding and Sea Level Rise at 2.
17
Sea Level Rise Ad Hoc Work Group, Southeast Florida Regional Climate Change Compact (SFRCCC), Unified Sea Level
Rise Projection: Southeast Florida, 5 (2019), available at https://southeastfloridaclimatecompact.org/wp-
content/uploads/2020/04/Sea-Level-Rise-Projection-Guidance-Report_FINAL_02212020.pdf. BILL: SB 1170 Page 4
impairment of the region’s largely gravity-driven stormwater infrastructure system, reduced soil
infiltration capacity, and saltwater intrusion of drinking-water supply. Moreover, the impacts of
surge from tropical storms or hurricanes are exacerbated by sea level rise. Increased pollution
and contamination from flooding degrades natural resources critical to the region’s economy.
Sea level rise can also result in displacement, decrease in property values and tax base, increases
in insurance costs, loss of services, and impairment of infrastructure such as roads and septic
systems.
18
Sea Level Rise Projections
Entities from the international to the local level use scientific data and modeling to create
projections of future sea level rise for planning and decision-making. The NOAA operates tide
gauges along the nation’s coasts and satellites that measure changes in sea level. In 2017 and
2022, the NOAA published sea level rise projections for the U.S.
19
The NOAA’s projections
include observation-based extrapolations and five scenarios ranging from “low” to “high.”
20
Interactive maps have been developed to depict local conditions under each NOAA scenario.
21
Resilience and Nature-Based Solutions
Resilience is the ability of a community to prepare for anticipated natural hazards, adapt to
changing conditions, and withstand and recover rapidly from disruptions.
22
Resilience planning
includes preparing for hazard events, risk mitigation, and post-event recovery and should be
proactive, continuous, and integrated into other community goals and plans.
23
Nature-based solutions (NBSs) are an important part of resilience planning. NBSs use natural
features and processes to combat climate change, reduce flood risks, improve water quality,
protect coastal property, restore and protect wetlands, and stabilize shorelines.
24
Examples of
NBSs include:
18
Sea Level Rise Ad Hoc Work Group, Southeast Florida Regional Climate Change Compact (SFRCCC), Unified Sea Level
Rise Projection: Southeast Florida, 5 (2019), available at https://southeastfloridaclimatecompact.org/wp-
content/uploads/2020/04/Sea-Level-Rise-Projection-Guidance-Report_FINAL_02212020.pdf.
19
NOAA, Global and Regional Sea Level Rise Scenarios for the United States, (2017), available at
https://tidesandcurrents.noaa.gov/publications/techrpt83_Global_and_Regional_SLR_Scenarios_for_the_US_final.pdf;
NOAA, Global and Regional Sea Level Rise Scenarios for the United States, (2022), available at
https://aambpublicoceanservice.blob.core.windows.net/oceanserviceprod/hazards/sealevelrise/noaa-nos-techrpt01-global-
regional-SLR-scenarios-US.pdf.
20
NOAA, Global and Regional Sea Level Rise Scenarios for the United States, 15 (2022). The 2017 projections also
included an “extreme” scenario, which has been removed from the 2022 report. See NOAA, Global and Regional Sea Level
Rise Scenarios for the United States, 23 (2017).
21
University of Florida, Florida Sea Level Scenario Sketch Planning Tool, https://sls.geoplan.ufl.edu/viewer/ (last visited
Mar. 9, 2023).
22
Federal Emergency Management Agency (FEMA), National Risk Index: Community Resilience,
https://hazards.fema.gov/nri/community-resilience (last visited Mar. 8, 2023).
23
National Institute of Standards and Technology, U.S. Dep’t of Commerce, Community Resilience Planning Guide for
Buildings and Infrastructure Systems, 1 (2016), available at
https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1190v1.pdf.
24
FEMA, FEMA Resources for Climate Resilience, 5 (2021), available at
https://www.fema.gov/sites/default/files/documents/fema_resources-climate-resilience.pdf. BILL: SB 1170 Page 5
Living shorelines, which stabilize a shore by combining living components, such as plants,
with structural elements, such as rock or sand. Living shorelines can slow waves, reduce
erosion, and protect coastal property.
Oyster reefs. Oysters are often referred to as “ecosystem engineers” because of their
tendency to attach to hard surfaces and create large reefs made of thousands of individuals. In
addition to offering shelter and food to coastal species, oyster reefs buffer coasts from waves
and filter surrounding waters.
Dunes, which often have dune grasses or other vegetation and serve as a barrier between the
water’s edge and inland areas.
25
Statewide Resilience Programs
The Florida Legislature has established several statewide resilience programs, including the
Resilient Florida Grant Program, the Comprehensive Statewide Flood Vulnerability and Sea
Level Rise Data Set, and the Statewide Flooding and Sea Level Rise Resilience Plan.
The Resilient Florida Grant Program provides grants to counties or municipalities for community
resilience planning, including vulnerability assessments, plan development, and projects to adapt
critical assets.
26
In the programs first two years, 263 implementation projects have been awarded
a total of nearly $954 million.
27
Vulnerability assessments funded through this program must
encompass the entire county or municipality; use the most recent publicly available Digital
Elevation Model and dynamic modeling techniques, if available; and analyze the vulnerability of
and risks to critical assets,
28
including regionally significant assets.
29
In addition, vulnerability
assessments must include, where applicable:
Peril of flood comprehensive plan amendments that address the requirements of
s. 163.3178(2)(f), F.S.,
30
if the county or municipality is subject to, but has not complied
with, such requirements;
The depth of tidal flooding, current and future storm surge flooding, rainfall-induced
flooding (including for a 100-year and 500-year storm), and compound flooding or the
combination of tidal, storm surge, and rainfall-induced flooding; and
The following scenarios and standards:
25
FEMA, Types of Nature-Based Solutions, https://www.fema.gov/emergency-managers/risk-management/nature-based-
solutions/types (last visited Mar. 8, 2023).
26
Section 380.093(2)(a), F.S. “Critical asset” is defined to include broad lists of assets relating to transportation, critical
infrastructure, emergency facilities, natural resources, and historical and cultural resources.
27
This figure includes $270 million of state funding for the Statewide Flooding and Sea Level Resilience Plan. DEP,
Presentation to the Florida Senate Committee on Environment and Natural Resources (Feb. 23, 2023), available at
https://www.flsenate.gov/Committees/Show/SSHR/MeetingPacket/5700/10150_MeetingPacket_5700_2.23.23.pdf.
28
Critical assets include transportation assets and evacuation routes (airports, bridges, bus terminals, major roadways, etc.),
critical infrastructure (wastewater and stormwater treatment facilities, drinking water facilities, solid and hazardous waste
facilities, etc.), critical community and emergency facilities (schools, correctional facilities, fire stations, hospitals, etc.), and
natural, cultural, and historical resources (conservation lands, parks, shorelines, wetlands, etc.). Section 380.093(2)(a), F.S.
29
Section 380.093(3)(c), F.S. Regionally significant assets are critical assets that support the needs of communities spanning
multiple geopolitical jurisdictions. Section 380.093(2)(d), F.S.
30
This section provides that, in communities abutting the Gulf of Mexico or Atlantic Ocean or other coastal areas defined by
statute, a local government’s comprehensive plan must include a coastal management element. Sections 163.3178(2) and
163.3177(6)(g), F.S. This element must contain a redevelopment component that outlines the principles that must be used to
eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. Section 163.3178(2)(f), F.S. BILL: SB 1170 Page 6
o All analyses in the North American Vertical Datum of 1988;
31
o At least two local sea level rise scenarios, which must include the 2017 NOAA
intermediate-low and intermediate-high sea level rise projections;
o At least two planning horizons that include planning horizons for the years 2040 and
2070; and
o Local sea level data that has been interpolated between the two closest NOAA tide
gauges.
32
The Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment
will provide information necessary to determine the risks to inland and coastal communities.
33
By July 1, 2023, the DEP must develop a data set providing statewide sea level rise projections
and information necessary to determine the risks of flooding and sea level rise to inland and
coastal communities. By July 1, 2024, the DEP must develop a statewide assessment (using the
statewide data set) identifying vulnerable infrastructure, geographic areas, and communities. The
statewide assessment must include an inventory of critical assets and be updated every five
years.
34
The Statewide Flooding and Sea Level Rise Resilience Plan consists of ranked projects that
address risks of flooding and sea level rise to coastal and inland communities.
35
Examples of
projects include construction of living shorelines, seawalls, and pump stations, elevation
projects, and infrastructure hardening.
36
Counties, municipalities, water management districts,
regional water supply authorities, and other entities may submit to the DEP an annual list of
proposed projects. Each project must have a minimum 50 percent cost share, unless the project
assists or is within a financially disadvantaged community.
37
The DEP ranks the projects using a
four-tier scoring system.
38
The DEP has adopted rules to implement s. 380.093, F.S., relating to
the Statewide Flooding and Sea Level Rise Resilience Plan and project submittal requirements.
These rules can be found in Chapter 62S-8 of the Florida Administrative Code.
39
In December
31
A vertical datum is a surface of zero elevation to which heights of various points are referenced. Traditionally, vertical
datums have used classical survey methods to measure height differences (i.e. geodetic leveling) to best fit the surface of the
earth. The current vertical datum for the contiguous United States and Alaska is the North American Vertical Datum of 1988.
NOAA, National Geodetic Survey: Vertical Datums,
https://www.ngs.noaa.gov/datums/vertical/#:~:text=TABLE%201%3A%20Current%20Vertical%20Datums%20for%20Unit
ed%20States,%20%202002-present%20%201%20more%20rows%20 (last visited Mar. 9, 2023).
32
Section 380.093(3)(d)
33
Section 380.093(4), F.S.; DEP, Resilient Florida Program – Statewide Assessment, https://floridadep.gov/rcp/resilient-
florida-program/content/resilient-florida-program-statewide-assessment (last visited Mar. 9, 2023).
34
Id. See also DEP, Resilient Florida Program – Statewide Assessment, https://floridadep.gov/rcp/resilient-florida-
program/content/resilient-florida-program-statewide-assessment (last visited Mar. 7, 2023).
35
Section 380.093(5), F.S.
36
DEP, 2022-2023 Statewide Flooding and Sea Level Rise Resilience Plan, available at
https://floridadep.gov/sites/default/files/FY22.23%20Statewide%20Flooding%20and%20Sea%20Level%20Rise%20Resilien
ce%20Plan_0.pdf.
37
Section 380.093(5)(e), F.S. A financially disadvantaged small community is a municipality with a population of 10,000 or
fewer, or a county with a population of 50,000 or fewer, where the per capita annual income is less than the state’s per capita
annual income. Id.
38
Section 380.093(5)(h), F.S.
39
Fla. Admin. Code Chapter 62S-8, available at https://floridadep.gov/sites/default/files/Final%20Rule%20Language_0.pdf. BILL: SB 1170 Page 7
2022, the DEP submitted the Fiscal Year 23-24 Statewide Flooding and Sea Level Rise
Resilience Plan totaling nearly $408 million over the next three years.
40
The DEP may also provide funding for regional resilience entities to assist local governments
with planning for the resilience needs of communities and coordinating intergovernmental
solutions to mitigate adverse impacts of flooding and sea level rise.
41
To date, $4 million has
been appropriated to regional resilience entities.
42
In 2022, the Statewide Office of Resilience was created within the Executive Office of the
Governor for the purpose of reviewing all flood resilience and mitigation activities in the state
and coordinating flood resilience and mitigation efforts with federal, state, and local
governmental entities and other stakeholders. The office’s Chief Resilience Officer and the DEP
worked together to provide the Governor and Legislature with a report on flood resilience and
mitigation efforts across Florida. The report includes:
A list of local governments that are required to comply with the requirements of
s. 163.3178(2)(f), F.S.,
43
but are not in compliance, as reported by the Department of
Economic Opportunity;
A list of local governments that have completed vulnerability assessments in compliance
with the requirements of the Resilient Florida grant program in s. 380.093(3), F.S.;
44
An overview of the geographic distribution of entities with funded projects in the Statewide
Flooding and Sea Level Rise Resilience Plan;
45
and
A statewide inventory of basin-level flooding assessments and other related basin-level
planning efforts self-reported by water management districts or special districts authorized to
submit projects pursuant to s. 380.093(5), F.S.
46
Florida Flood Hub for Applied Research and Innovation
The Florida Flood Hub for Applied Research and Innovation was established within the
University of South Florida College of Marine Science to coordinate efforts between the
40
DEP and Florida Statewide Office of Resilience, 2022 Flood Resilience and Mitigation Efforts Across Florida, 9, available
at
https://floridadep.gov/sites/default/files/2022%20Flood%20Resilience%20and%20Mitigation%20Efforts%20Report%20Onl
y_0.pdf
41
Section 380.093(6), F.S.
42
DEP, Presentation to the Florida Senate Committee on Environment and Natural Resources, 18 (Feb. 23, 2023), available
at https://www.flsenate.gov/Committees/Show/SSHR/MeetingPacket/5700/10150_MeetingPacket_5700_2.23.23.pdf.
43
Section 163.3178(2)(f), F.S., requires local coastal governments to include a redevelopment component within their
comprehensive plans’ coastal management element, which outlines the principles that must be used to eliminate inappropriate
and unsafe development in the coastal areas when opportunities arise. See DEP and Florida Statewide Office of Resilience,
2022 Flood Resilience and Mitigation Efforts Across Florida, 2, available at
https://floridadep.gov/sites/default/files/2022%20Flood%20Resilience%20and%20Mitigation%20Efforts%20Report%20Onl
y_0.pdf; Letter from Department of Economic Opportunity to DEP, 1-2 (Nov. 9, 2022), available at
https://floridadep.gov/DEO_PoF_Letter2022.
44
DEP and Florida Statewide Office of Resilience, 2022 Flood Resilience and Mitigation Efforts Across Florida, 3, available
at
https://floridadep.gov/sites/default/files/2022%20Flood%20Resilience%20and%20Mitigation%20Efforts%20Report%20Onl
y_0.pdf
45
Id. at 7-9.
46
Id. at 10-12. BILL: SB 1170 Page 8
academic and research institutions of the state.
47
The Florida Flood Hub is tasked with, among
other things, organizing existing data needs for a comprehensive statewide flood vulnerability
and sea level rise analysis and performing gap analyses to determine data needs; developing
statewide open source hydrologic models for physically based flood frequency estimation and
real-time forecasting of flood; establishing community-based programs to improve flood
monitoring and prediction along major waterways; and providing tidal and storm surge flooding
data to counties and municipalities for vulnerability assessments.
48
Sea Level Impact Projection (SLIP) Studies
SLIP studies analyze the potential impact of sea level rise and other coastal hazards on
state-funded coastal construction projects.
49
These studies are critical to understanding the safety
and economic impacts of sea level rise and coastal flooding.
50
State-financed constructors
51
must conduct a SLIP study before commencing construction of a
new coastal structure within the coastal building zone.
52
Coastal structures include major
structures and uninhabitable major structures:
Major structure means houses, mobile homes, apartment buildings, condominiums, motels,
hotels, restaurants, towers, other types of residential, commercial, or public buildings, and
other construction having the potential for substantial impact on coastal zones.
53
Uninhabitable major structure means swimming pools; parking garages; pipelines; piers;
canals, lakes, ditches, drainage structures, and other water retention structures; water and
sewage treatment plants; electrical power plants, and all related structures or facilities,
transmission lines, distribution lines, transformer pads, vaults, and substations; roads,
bridges, streets, and highways; and underground storage tanks.
SLIP studies are only required within the coastal building zone. The coastal building zone
includes:
The land area from the seasonal high-water line landward to a line 1,500 feet landward from
the coastal construction control line (CCCL) as established pursuant to s. 161.053, F.S., and,
for those coastal areas fronting on the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits
of Florida and not included under s. 161.053, F.S., the land area seaward of the most
landward velocity zone (V-zone) line as established by the Federal Emergency Management
Agency and shown on flood insurance rate maps;
On coastal barrier islands, it includes the land area from the seasonal high-water line to a line
5,000 feet landward from the CCCL or the entire island, whichever is less; and
All land area in the Florida Keys located within Monroe County.
54
47
Section 380.0933(1), F.S.
48
Section 380.0933(2) and (3), F.S.
49
DEP, Slip Studies, https://floridadep-slip.org/AboutSLIPStudies.aspx (last visited Mar. 6, 2023).
50
Id.
51
“State-financed constructor” is defined as a public entity that commissions or manages a construction project using funds
appropriated from the state. Section 161.551(1)(d), F.S.
52
Section 161.551, F.S.; Fla. Admin. Code R. 62S-7.011(1).
53
Section 161.54(6)(a), F.S.
54
Fla. Admin. Code R. 62S-7.010; section 161.54(1), F.S. BILL: SB 1170 Page 9
Coastal Building Zone for Florida and parts of Miami-Dade County
55
At a minimum, a SLIP study must include:
56
A systematic, interdisciplinary, and scientifically accepted approach in the natural sciences
and construction design in conducting the study;
Alternatives for the coastal structure’s design and siting, including discussion of how such
alternatives would affect the potential public safety and environmental impacts assessed in
the study, as well as the risks and costs associated with maintaining, repairing, and
constructing the coastal structure; and
An assessment of the flooding, inundation, and wave action damage risks relating to the
coastal structure over its expected life or 50 years, whichever is less. This assessment must:
o Take into account potential sea-level rise and increased storm risk during the expected
life of the coastal structure or 50 years, whichever is less;
o Provide scientific and engineering evidence of the risk to the coastal structure and
methods used to mitigate, adapt to, or reduce this risk;
o Use available scientific research and generally accepted industry practices;
o Provide the mean average annual chance of substantial flood damage over the expected
life of the coastal structure or 50 years, whichever is less; and
o Analyze potential public safety and environmental impacts resulting from damage to the
coastal structure including, but not limited to, leakage of pollutants, electrocution and
explosion hazards, and hazards resulting from floating or flying structural debris.
57
55
DEP, SLIP Tool, https://floridadep-slip.org/Map.aspx (last visited Mar. 9, 2023).
56
Section 161.551(3), F.S.
57
Section 161.551(3), F.S. BILL: SB 1170 Page 10
“Substantial flood damage” as used in this section means flood, inundation, or wave action
damage resulting from a single event, such as a flood or tropical weather system, where such
damage exceeds 25 percent of the market value of the coastal structure at the time of the event.
58
The SLIP study must be submitted to the DEP and published on the DEP’s website before
construction can commence.
59
If a state-financed constructor begins construction of a coastal
structure without first submitting a SLIP study, the DEP is authorized to institute a civil action
for injunctive relief to cease further construction of the coastal structure and recovery of all or a
portion of state funds expended on the coastal structure.
60
The DEP is required to maintain a
copy of all SLIP studies on its website for ten years.
61
The DEP has adopted Chapter 62S-7 of the Florida Administrative Code, which implements
s. 161.551, F.S., and provides for the requirements for state-financed constructors, SLIP study
standards, and the implementation and enforcement of SLIP study requirements. These rules
went into effect July 1, 2022. In addition, the DEP created a SLIP Study Tool that provides an
interactive map with information on coastal flooding spatial data and details on current SLIP
studies.
62
III. Effect of Proposed Changes:
Section 1 authorizes the Department of Environmental Protection (DEP) to provide Resilient
Florida Program grants to counties or municipalities for feasibility studies and the cost of
permitting for innovative measures that reduce the impact of flooding and sea level rise and
focus on nature-based solutions. The bill provides that the water management districts are
eligible to receive grants under the Resilient Florida Program for the purpose of supporting the
Florida Flood Hub for Applied Research and Innovation and the DEP through data creation and
collection, modeling, and the implementation of statewide standards.
Section 2 substantially revises the existing sea level impact projection (SLIP) study requirements
under s. 161.551, F.S. The bill redesignates the statute from s. 161.551, F.S., in the chapter of
law dealing with beach and shore preservation to s. 380.0937, F.S., in the chapter of law
addressing land and water management.
The bill substantially expands the geographical area where SLIP studies are required and
changes the types of structures that this requirement applies to. Currently, a SLIP study must be
conducted before a state-financed constructor begins construction of a new coastal structure
within the coastal building zone. The bill amends this requirement by providing that, beginning
July 1, 2024, a SLIP study must be conducted before a state-financed constructor begins
construction of a certain critical assets (called “potentially at-risk structure or infrastructure”) in
an “area at risk due to sea level rise.”
58
Section 161.551(1)(e), F.S.
59
Section 161.551(6)(a), F.S.
60
Section 161.551(4), F.S.
61
Section 161.551(6)(a), F.S.
62
DEP, SLIP Studies, https://floridadep-slip.org/AboutSLIPStudies.aspx (last visited Mar. 8, 2023); DEP, SLIP Map,
https://floridadep-slip.org/Map.aspx (last visited Mar. 8, 2023). BILL: SB 1170 Page 11
The bill defines “area at risk due to sea level rise” as any location projected to be below the
threshold for tidal flooding within the next 50 years by adding sea level rise using the highest of
the sea level rise projections required under s. 380.093(3)(d)3.b., F.S.
63
For the purposes of this
definition, the threshold for tidal flooding is two feet above the mean higher high water.
64
The
bill defines “potentially at-risk structure or infrastructure” to mean certain types of critical assets
when those assets are within an area at risk due to sea level rise. The types of critical assets for
which a slip study would be required include:
Transportation assets and evacuation routes, including airports, bridges, bus terminals, ports,
major roadways, marinas, rail facilities, and railroad bridges;
Critical infrastructure, including wastewater treatment facilities and lift stations, stormwater
treatment facilities and pump stations, drinking water facilities, water utility conveyance
systems, electric production and supply facilities, solid and hazardous waste facilities,
military installations, communications facilities, and disaster debris management sites;
Critical community and emergency facilities, including schools, colleges, universities,
community centers, correctional facilities, disaster recovery centers, emergency medical
service facilities, emergency operation centers, fire stations, health care facilities, hospitals,
law enforcement facilities, local government facilities, logistical staging areas, affordable
public housing, risk shelter inventory, and state government facilities; and
Historical or cultural assets.
The bill will require the DEP to update its SLIP rules. The bill retains existing rule requirements
with the following changes. The bill:
Replaces the phrase “mean average annual change of substantial flood damage” with
“estimated probability of significant flood damage” in the context of the assessment; and
Adds a requirement that the state-financed constructor provide a list of flood mitigation
strategies evaluated as part of the design of the potentially at-risk structure or infrastructure
and identify appropriate flood mitigation strategies for consideration as part of the potentially
at-risk structure or infrastructure design.
The bill revises the definition of “substantial flood damage” to “significant flood damage.” The
bill adds the term erosion as a type of damage covered in the definition and clarifies that the
damage can result from a “discrete or compound natural hazard event” rather than a single event.
Under the bill, the damage must exceed:
Twenty-five percent of the “replacement cost” (existing law uses market value) of the
potentially at-risk structure or infrastructure at the time of the event; or
A defined threshold established by the DEP, in coordination with the Department of
Transportation and the water management districts, for a potentially at-risk structure or
infrastructure for which replacement cost is not an appropriate metric, such as roadways. The
threshold must be established by July 1, 2024.
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This section requires vulnerability assessments to provide at least two local sea level rise scenarios, which must include the
2017 National Oceanic and Atmospheric Administration (NOAA) intermediate-low and intermediate-high sea level rise
projections. Section 380.093(3)(d)3.b., F.S.
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Higher high water means the higher of the two high waters of a tidal day where the tide is of the semidiurnal or mixed type.
NOAA, NOAA Shoreline: Glossary, https://shoreline.noaa.gov/glossary.html#partg (last visited Mar. 9, 2023). An area has a
semidiurnal tidal cycle if it experiences two high and two low tides of approximately equal size every lunar day. Many areas
on the eastern coast of North America experience these tidal cycles. NOAA, Tides and Water Levels,
https://oceanservice.noaa.gov/education/tutorial_tides/tides07_cycles.html (last visited Mar. 9, 2023). BILL: SB 1170 Page 12
Section 3 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Department of Environmental Protection may incur costs to develop rules regarding
when a state-financed constructor must conduct a sea level impact projection (SLIP)
study. These costs can be handled within existing resources. State-financed constructors
may also incur costs to conduct additional SLIP studies.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: SB 1170 Page 13
VIII. Statutes Affected:
This bill substantially amends section 380.093 of the Florida Statutes.
This bill repeals section 161.551 of the Florida Statutes and replaces it with a new section
380.0937 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.